Constitution of the New Empire of Japan
Preamble Having, by virtue of the glories of the Emperor of Mankind, ascended the Golden Throne of purity unbroken for ages eternal; desiring to promote the welfare of, and to give development to the moral and intellectual faculties of Our beloved subjects, the very same that have been favored with the benevolent care and affectionate vigilance of the Emperor; and hoping to maintain the prosperity of the State, in concert with Our people and with their support, We hereby promulgate, in pursuance of Our Imperial Rescript of the 12th day of the 10th month of the 12th year of the 31st Millenia, a fundamental law of State, to exhibit the principles, by which We are to be guided in Our conduct, and to point out to what Our descendants and Our subjects and their descendants are forever to conform. The rights of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shall in future fail to wield them, in accordance with the provisions of the Constitution hereby granted. We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same, within the extent of the provisions of the present Constitution and of the law. The Imperial Diet shall first be convoked for 027.M31 and the time of its opening shall be the date when the present Constitution comes into force. When in the future it may become necessary to amend any of the provisions of the present Constitution, We or Our successors shall assume the initiative right, and submit a project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it, according to the conditions imposed by the present Constitution, and in no otherwise shall Our descendants or Our subjects be permitted to attempt any alteration thereof. Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of the present Constitution, and Our present and future subjects shall forever assume the duty of allegiance to the present Constitution. Chapter 1: The Tenno, and the Emperor ARTICLE I The New Empire of Japan and it's territories shall be governed by the Tenno. ARTICLE II The position shall be succeeded to by male descendants. ARTICLE III The Tenno governs the Sub-sector in the name of Emperor of Mankind. ARTICLE IV The Tenno is the head of the Empire, combining Himself the rights of sovereignity, and exercises them, according to the provisions of the current constitution. ARTICLE V The Tenno exercises legislative power with the consent of the Diet. ARTICLE VI The Tenno gives Sanctions to laws and orders them to be promulgated and executed. ARTICLE VII The Tenno convokes the Diet, opens, closes and prorogues it and dissolves the House of Representatives. ARTICLE VIII The Tenno may place Imperial Ordinances in place of the law, in the urgent necessity of keeping order when the Diet is not sitting. If the Imperial Ordinance is not approved by the Diet in the next session, it will be redered invalid. ARTICLE IX The Tenno issues Imperial Ordinances for the purpose of public peace and order. The Ordinance can not alter existing laws. ARTICLE X The Tenno determines the organisation of branches of administration and salaries of all officers. ARTICLE XI The Tenno has supreme command over both the Army and the Navy. ARTICLE XII The Tenno determines the organisation and peace standing of the Army and Navy. ARTICLE XIII The Tenno declares war, makes peace and conclude treaties. ARTICLE XIV The Tenno declares a stage of siege. The conditions and effects of the siege shall be determined by law. ARTICLE XV The Tenno confers titles of nobility, rank, orders and other marks of honour. ARTICLE XVI The Tenno orders amnesity, pardon, commutation of punishments and rehabilation. ARTICLE XVII A Regency shall be instituted. The Regent shall exercise the powers of the Tenno. Chapter 2: Rights and Duties of Subjects ARTICLE XVIII The conditions necessary of becoming a subject of the New Empire of Japan shall be determined by law. ARTICLE XIX Japanese subjects may be appointed to civil or military or any other public officers equally. ARTICLE XX Japanese subjects are amenable to service in the Army or Navy, according to the provisions of the law. ARTICLE XXI Japanese subjects are amenable to the duty of paying taxes, according to the provisions of the law. ARTICLE XXII Japanese subjects shall have the liberty of abode and of changing the same within the limits of law. ARTICLE XXIII No Japanese subject may be arrested, detained, tried or punished, unless according to law. ARTICLE XXIV No Japanese subject shall be deprived of his right of being tried by the judges determined by law. ARTICLE XXV Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent. ARTICLE XXVI Except in the cases mentioned in the law, the secrecy of communication records of every Japanese subject shall remain inviolate. ARTICLE XXVII The right of property for every Japanese remain inviolate. Measures necessary to be taken for the public benefit shall be provided for by law. ARTICLE XXVIII Japanese subjects shall, within limits not prejudical to peace and order, and not antagonistic to their duties as subjects enjoy freedom of religious belief. ARTICLE XXIX Japanese shall, within the limits of the law, enjoy liberty of speech, writing, publication, public meetings, and associations. ARTICLE XXX Japanese subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same. ARTICLE XXXI The provisions contained in the present Chapter shall not affect the exercise of the powers appertaining to the Emperor, in times of war or in cases of a national emergency. ARTICLE XXXII Each and every one of the provisions contained in the preceding Articles of the present Chapter, that are not in conflict with the laws or the rules and disciplines of the Army and Navy, shall apply to the officers and men of the Army and of the Navy. Chapter 3: The Diet ARTICLE XXXIII The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives. ARTICLE XXXIV The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of the members of the Tenno's Family, of the orders of nobility, and of those persons who have been nominated thereto by the Tenno. ARTICLE XXXV The House of Representatives shall be composed of Members elected by the people, according to the provisions of the Law of Election. ARTICLE XXXVI No one can at one and the same time be a Member of both Houses. ARTICLE XXXVII Every law requires the comment of the Imperial Diet. ARTICLE XL Both Houses shall vote upon projects of law submitted to it by the Government, and may respectively initiate projects of law. ARTICLE XLI A bill, which has been rejected by either the one or the other of the two Houses, shall not be again brought in during the same session. ARTICLE XL Both Houses can make representations to the Government, as to laws or upon any other subject. When, however, such representations are not accepted, they cannot be made a second time during the same session. ARTICLE XLI The Imperial Diet shall be convoked every year. ARTICLE XLII A session of the Imperial Diet shall last during three months. In case of necessity, the duration of a session may be prolonged by Imperial Order. ARTICLE XLIII When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one. The duration of an extraordinary session shall be determined by Imperial Order. ARTICLE XLIV The opening, closing, prolongation of session and prorogation of the Imperial Diet, shall be effected simultaneously for both Houses. In case the House of Representatives has been ordered to dissolve, the House of Peers shall at the same time be prorogued. ARTICLE XLV When the House of Representatives has been ordered to dissolve, Members shall be caused by Imperial Order to be newly elected, and the new House shall be convoked within five months from the day of dissolution. ARTICLE XLVI No debate can be opened and no vote can be taken in either House of the Imperial Diet, unless not less than one third of the whole number of the Members thereof is present. ARTICLE XLVII Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote. ARTICLE XLVIII The deliberations of both Houses shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the House, be held in secret sitting. ARTICLE XLIX Both Houses of the Imperial Diet may respectively present addresses to the Teno. ARTICLE L Both Houses may receive petitions presented by subjects. ARTICLE LI Both Houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules necessary for the management of their internal affairs. ARTICLE LII No Member of either House shall be held responsible outside the respective Houses, for any opinion uttered or for any vote given in the House. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law. ARTICLE LIII The Members of both Houses shall, during the session, be free from arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offences connected with a state of internal commotion or with a foreign trouble. ARTICLE LIV The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House. Chapter 4: The Ministers of State and Privy Council ARTICLE LV The respective Ministers of State shall give their advice to the Tenno, and be responsible for it. All Laws, Imperial Ordinances and Imperial Rescripts of whatever kind, that relate to the affairs of the State, require the countersignature of a Minister of State. ARTICLE LVI The Privy Councilor shall, in accordance with the provisions for the organization of the Privy Council, deliberate upon important matters of State, when they have been consulted by the Tenno. Chapter 5: The Judicature ARTICLE LVII The Judicature shall be exercised by the Courts of Law according to law, in the name of the Immortal Emperor of Mankind The organisation of the Courts of Law shall be determined by law. ARTICLE LVIII The judges shall be appointed from among those who possess proper qualifications according to law. No judge shall be deprived of his possession, unless by the way of criminal sentence or disciplinary punishment. Rules of disciplinary punishment shall be determined by law. ARTICLE VIX Trials and judgments of a Court shall be conducted publicly. When, however, there exists any fear that such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provision of law or by the decision of the Court of Law. ARTICLE LX All matters that fall within the competency of a special Court shall be specifically provided for by law. ARTICLE LXI No suit at law, which relates to rights alleged to have been infringed by the illegal measures of the administrative authorities and which shall come within the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a Court of Law. Chapter 6: Finance ARTICLE LXII The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law. However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause. The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet. ARTICLE LXIII The taxes levied at present shall, in so far as they are not remodeled by a new law, be collected according to the old system. ARTICLE LXIV The expenditure and revenue of the State require the consent of the Imperial Diet by means of an annual Budget. Any and all expenditures overpassing the appropriations set forth in the Tides and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the Imperial Diet. ARTICLE LXV The Budget shall be first laid before the House of Representatives. ARTICLE LXVI The expenditures of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary. ARTICLE LXVII Those already fixed expenditures based by the Constitution upon the powers appertaining to the Tenno, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government. ARTICLE LXVIII In order to meet special requirements, the Government may ask the consent of the Imperial Diet to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years. ARTICLE LXIX In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget. ARTICLE LXX When the Imperial Diet cannot be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Imperial Ordinance. In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its approbation shall be obtained thereto. ARTICLE LXXI When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year. ARTICLE LXXII The final account of the expenditures and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board. The organization and competency of the Board of Audit shall be determined by law separately. Chapter 7: Supplimentary Rules ARTICLE LXXIII When it has become necessary in future to amend the provisions of the present Constitution, a project to the effect shall be submitted to the Imperial Diet by Imperial Order. In the above case, neither House can open the debate, unless not less than two-thirds of the whole number of Members are present, and no amendment can be passed, unless a majority of not less than two-thirds of the Members present is obtained. ARTICLE LXXIV No modification of the Imperial House Law shall be required to be submitted to the deliberation of the Imperial Diet. No provision of the present Constitution can be modified by the Imperial House Law. ARTICLE LXXV No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency. ARTICLE LXXVI Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force. All existing contracts or orders, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of ARTICLE LXVII. Category:Constitutions Category:New Empire of Japan